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to airlines and other third parties. 410 if using a Future Travel credit and You cancel Your Journey for any reason jays ofa euney Departure Date (including by change vourd jour Departure Date or the name of a Guest), You willbe liable toa cancellation charge of 100% of the Journey Price, regardless of when youn You may also be liable to pay cancellation fees to irlines and other third partis. 4:11 We may vary Your Journey Price at any time before Your Departure Date to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will notify You of any such variation using the Guest Contact Details. 4,2 You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your tinerary after Your Journey Departure Date. This includes changes due to illness or other personal reasons. 5. Cancellation, delays and changes to Your Itinerary 5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will Elpa not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passen; are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel. 5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure 5.3 If We cancel or delay the departure of a Journey by 7 days or more, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Event (2) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is: {) cheaper than Your original Journey Price, We will refund the difference to You; or (i) more expensive than Your original Journey Price, You must pay the difference to Us; (b)if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinera (©)if You do not accept the proposed alternative Journey or Cruse within 7 days of beingnotified by Us alternative, We will cancel You iaicerainaea the Coren renor evanallnaies ‘paid directly to Us and will have no further liability to You; an (@)We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent. 5.4 If, as a result of the occurrence of a Force Majeure Event, We; (a) cancel or delay the departure of a Journey We will: ( all monies You have paid directly to Us for the cancelled Booking; an (ii) not refund any amounts You have paid directly to Us for the cancelled Booking; and {b) cancel a Journey after commencement We wil: (i) cancel Your Booking and terminate the Cont (i) not refund any amounts You have paid direct 3 Us for the cancelled Bookin (c) if We issue a Future Travel Credit to You: () You may apply It towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise; (ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours). (ii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours). (iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person toapply towards any future Booking for a Journey with a 4 months after the date ()its use for any future feckineg is subject to availability; (vi) It cannot be applied against stand-alone products Orupgrades from third parties or Service Providers (as defined in ce 2) in conjunction with the standard Journey itine: ied ieanet cdesmebiemn atoe cen Part for cash and will expire to the extent It Is not used; and (viii) You (or the person to whom It Is transferred) must pay any shortfall between the value ofthe Future Travel Credit and the Jou ie new Booking in accordance with clause 3 ofthese Conditions. 5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside the Operator's control, We are unable to provide the Journey in accordance with Your itinerary, We will use reasonable endea\ (@) give You reasonable notice of any alterations, but FLIGHT CENTRE Terms & Conditions there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice (b) provide or arrange appropriate alternative activities, transport and accommodation as require’ 5.6 The circumstances in which Your Itinerary or the Journey may be altered include: {@) tidal waters or high or tow water levels in any ocean or sea, river, canal, bay, cove or port; (b) port closures or port NEED due to weather or other operational reason {@)lock closures, unscheduled vessel maintenance or other operational reasons; (d) road, river, ice or weather conditi () national or local holidays atest the closure of public buildings or attractior (f) Force Majeure Events; (@ emergency events, accidents, injuries or other incidents involving You or other panserienrs and (h) any other event beyond Our control 5.7 Alterations to Your Itinerary or the ame may include: (a) sul Journey; (b) cabin changes on a vessel; {c) substitution of another port or anchor lotion; (d) additional embarkations and disembar} (e) substitution of alternate transportation, craig the use of motor coaches; (f) substitution of hotel accommodation for accommodation on a vessel; (g) alterations to arrival and departure times; (h) alterations to sightseeing activities; and (i) reductions or increases in the time spent at a location. 5.8 If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they willuse reasonable endeavours to provide You with a substitution of eoulelnt specification or qu: some services ani may not be available forall substitute arrangem Bo Ary changeeto Your erry wi be notified to You: (@)if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details o via Your travel agent Wit linia eur Journey, personally by Your Cruise Director or Tour Director. 5:10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost claim, los, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any: (a) claim for distress, disappointment or loss of enjoyment ig from the alteration; (Be apeeat eee ereee eeoretty em including for food, beverages and personal items; or © ae associated with any other travel arrangements ;cted by the aes including any costs an penses incurred ncelling or changing those other ETaneronied ue eon a failure to meet a connection. itution of vessels for part or the whole of a 6. Your Journey obligations 6.1 For the comfort and safety of You and Your fellow passengers and other people, You must follow the Captain, Discovery Team Leader and Cruise Director's instructions at all times. 6.2 If We, the Captain, Discovery Team Leader or Cruise Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or ‘enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain, Discovery Team Leader or the Cruise Director, We may terminate the Contract and withdraw You from the Journey with immediate effect. If it is reasonably practicable to do so, the Captain, Discovery Team Leader or Cruise Director will provide a warning to You and allow You an opportunity to rectify Your behaviour before We withdraw You from the Journey. 6.3 If You are withdrawn from the Journey under clause 6.2, You must make Your own travel and other arrangements at Your own expense and We are not liable toYou for any loss, cost or damage You may suffer or neue 6.4 You must have a valid passport with an expiry dat at teast si six (6) months after the last scheduled day ofy Your 6.5 You must ensure that You obtain prior to the Journey Departure Date all required entry visas for all countries to be visited during the Journey, as failure to obtain correct, documentation may affect Your participation in certain shore seeurone and entry to certain countries during the Journ 8.6 If You do not have the correct visa or other documentation necessa! iter a country or participate in any aspect of a Journey (“Documentation’ (a) We will not refund to You all or any portion of the Journey Price; an (b) You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re- joining the Journey. 67 If You are unhappy with something that does or does not happen on Your Journey, You must first use all reasonable endeavours to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or tribunal. In the first instance You should raise Your concern with the Tour Director or the Cruise Director as soon as reasonably practicable, as it may be possible for them to take steps to resolve Your concern INSTORE | ONLINE | CALL | APP with minimal delay. 7.Notification of General Risks 7: You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include: (@) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or locai holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavourable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations (b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; (©) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or (d) other circumstances beyond Our control. 72You must make Your own enquires regarding Your including being aware of any relevant government See enfety warnings. art Nothingin these Conditions or the Contract operates to exclude, restrict or modify the application of any provision ofthe Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any equivalent State or Territory legislation, the exercise ofa right conferred by such a provision, or any of Our ability fr breach ofa guarantee, condition of warranty implied by such a provision, where it is unlawful to do so. al exclusions and limitations of Our liability under the ist be read subject to this claus Bou: acknowledge and agree that We accept no party) for any loss, cost or damage (including loss of enjoyment) Suffered directly or indirectly in connection @ a Journey risks or other aspects ofthe Journey disclosed to You in the Cont (b) any change to Your itinerary Or delays in departure or arrival times of alrerat, vessels or otherwise during the onduct of the Journ (any oss or ‘damage to Your baggage or belongings; (@) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing gpods oF services to You during the Journey, including at carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (@) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise eyond Our control. 8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our ‘aximum liability to You or any third party (including any Glaims of negligence by Us) is limited to the Journey Price u have pai 8.4 To the maximum extent permitted by law and subject to clause 8.1, You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential o indirect, incidental, special ss, damage or expenses. Bd To the extort permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our Uablity to You for breach of such en implied guarantee, nor warranty is limited, to one or more ofthe follow ing at Our op (@) in the case of food: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or (b) in the case of services: supplying the services again or payment of the cost of supplying the services again. 8.6 Subject to clause 8.1, You acknowledge and agree that where Your Journey, any part of Your Journey accommodation flights or any other good or service are not directly provided by Us, but is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider. 9. Force Majeure Event 9.1 If the performance of Our or a Service Provider's obligations is prevented, delayed or inatoriall affected by the occurrence of a Force Majeure Eve obligations are suspended for the duration of the Force Majeure Event. 9.2 We may cancel or delay a Journey as a result of the occurrence of a Force Majeure Event which prevents, materially affects or delays, or which we reasonably determine is likely to prevent, materially affect or delay Our or a Service Provider's ability to provide the Journey: (a) in accordance with the Contract; or (b) to a standard which We consider will meet the reasonable expectations of the Journey parti 3. 9.3 We will use reasonable endeavours to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents, materially affects or delays, or Is likely to prevent, materially affect or delay, the performance by Us or a Service Provider of our obligations under the Contract. 9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2: . 137079
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